COHEN: We have -- we are on a slippery slope. And I think it's really important that Congress take this opportunity as soon as it comes back into session, take an opportunity to analyze what the issues are, what sort of filters should applied.

We've had posse comitatus. This is a prohibition against using defense capabilities for domestic law enforcement purposes. Now, if you label everything "homeland security" or "anti- terrorist activity," does that mean you no longer have any kind of prohibition against the Defense Department or the intelligence community, which has its own culture and its own mission now being used for domestic purposes? This is a serious, serious issue. It ought to be debated. It ought to be really fleshed out and say, what are the standards, what are the restrictions that we can apply?

here has to be some level of oversight, whether it's a separate intelligence, domestic intelligence agency that's created, whether it's Congress that asserts its congressional oversight responsibilities, whether it's a special court, there has to be some insulation against the executive branch operating without any congressional oversight or prohibitions, in my judgment.

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